Vijay Kumar Sharma vs State Of Rajasthan
2022 Latest Caselaw 11446 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Revision Petition No. 721/2019

Vijay Kumar Sharma S/o Sh. Ladhu Dram Sharma, Aged About
66 Years, B/c Sharma Brahmin , R/o House No 3, Ward No 15,
Opposite Purani Abadi P.s. Sri Ganganagar
                                                                      ----Petitioner
                                      Versus
1.          State Of Rajasthan, Through Pp
2.          Dr Ashwin Kumar Khanna S/o Sh. Krishan Kumar Khanna,
            Retired From Animal Husbandry Office , R/o House No 2,
            Babadeep Singh Colony , Nearby Secret Heart School , Sri
            Ganganagar
3.          Dr Gurchand Singh S/o Pratap Singh, Ex Assistant
            Director ,hospital , Presently R/o H-1, Anand Vihar , Sri
            Ganganagar
4.          Dr Rajeev Kaushik, Retired Sr Medical Officer , Govt
            Hospital ,presently R/o P-Block , Nearby Diggi , Sri
            Ganganagar
                                                                   ----Respondents


For Petitioner               :    Mr. Vijay Kumar Sharma (Petitioner in
                                  Person)
For Respondents              :    Mr. Mahipal Bishnoi, P.P.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                   Judgment

Reserved on 12/09/2022
Pronounced on 14/09/2022


1.    This Criminal Revision Petition under Section 397 Cr.P.C. read

with Section 401 Cr.P.C. has been preferred claiming the following

reliefs:-

              "It is, therefore, most respectfully and humbly
      prayed that this revision petition may kindly be allowed
      and the impugned order dated 9.5.2019 passed by the


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     learned Special Judge, Prevention of Corruption Act Cases,
     Sri Ganganagar, in Crl. Complaint Case No. 6/2018 may
     kindly be quashed and set aside and the complaint of
     complainant/petitioner my kindly be ordered to be allowed
     as prayer in the interest of Justice."

2.   This Criminal Revision Petition has been preferred by the

complainant-petitioner, against the impugned judgment passed by

the learned Court below, whereby the learned Court below refused

to entertain the complaint filed by the petitioner against the

private respondents herein for the offences under Sections 166,

166A, 167, 420, 467, 468, 471, 473, 120B I.P.C. and Sections 7

and 13 of Prevention of Corruption Act, 1988, while holding that

prima facie, such allegations are not made out.


3.   The petitioner in person submitted that while he was a

government     servant      employed          at     the     Animal   Husbandry

Department, as a Veterinary Assistant, and that he preferred a

complaint alleging therein that the private respondents herein,

doctors at the said facility that he was employed at, engaged in

corrupt activities and illegally siphoned off funds from the State

exchequer by going to undertake unsanctioned trips abroad, on

false pretexts. Furthermore, it was alleged that the private

respondents faked medical certificates and obtained large salary

arrears from the State Government and spent about 74 days

abroad.


4.   On the other hand, learned Public Prosecutor opposed the

submissions made by the petitioner and submitted that the

learned Court below has rightly passed the impugned order after




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                                   taking into due consideration the overall facts and circumstances

                                   of the case at hand, and the evidences placed on record before it.


                                   5.    Heard learned counsel for both the parties, and perused the

                                   record of the case.


                                   6.    This Court observes that the impugned order passed by the

                                   learned Court below is a detailed and speaking order, whereby the

                                   learned Court has rightly proceeded in dismissing the complaint

                                   made by the petitioner, after finding that there was no material on

                                   the record to corroborate the allegations levelled therein.


                                   7.    This Court further observes that the averments made by the

                                   petitioner, that the private respondents siphoned off the funds

                                   from the State Exchequer on false premises and produced

                                   fabricated and fake medical certificates to avail leaves and used

                                   those in turn to take trips abroad, are wholly unsubstantiated.

                                   Neither were there any documents brought on record by the

                                   petitioner to substantiate the allegations levelled by him.


                                   8.    This Court, in light of the above made observations, finds

                                   that the impugned order passed by the learned Court below does

                                   not suffer from any legal infirmity and deserves to be upheld and

                                   affirmed, and the same is hereby affirmed.


                                   9.    Resultantly, the present revision petition is dismissed. All

                                   pending applications stand disposed of.



                                                                  (DR.PUSHPENDRA SINGH BHATI), J.

SKant/-

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